Garrison argued in his appeal that the prosecutor should have had an expert witness testify to the fact that the 46-year-old victim's head would came from an aluminum bat. Garrison contended that the man, Michael Renner, actually hit his head on a chair during the incident on Sept. 7, 2010, according to the Gloucester County Prosecutor's Office.

The appellate court ruled that there was "overwhelming evidence" that the victim was hit with a bat, including Renner's testimony, one of the Garrison's own statements and the testimony of a doctor who treated Renner, the prosecutor's office said.

"The assistant prosecutor's statements were fair inferences from the evidence," the court said ruled in the decision.

Assistant Gloucester County Prosecutor Joseph Enos wrote in a brief opposing the appeal that "The defendant said 'I recall swinging something and hitting contact with Mr. Renner."

During the trial, Garrison contended he acted in self-defense during a drunk fight with Renner. His lawyer said he was just a frail man who was dealing with a combative drunk. But the prosecutor's office argued that Garrison was far from frail; he had cut down a tree as a favor for Renner the day of the fight.

Renner testified that he was left with equilibrium problems after the fight and spent 10 days in jail.